High Court Punjab-Haryana High Court

Ram Parkash vs Arjun Singh And Others on 12 February, 2009

Punjab-Haryana High Court
Ram Parkash vs Arjun Singh And Others on 12 February, 2009
Criminal Revision No.1055 of 2001                                   [1 ]




     IN THE HIGH COURT FOR THE STATES OF PUNJAB &
               HARYANA AT CHANDIGARH
                          ...

Criminal Revision No.1055 of 2001

Decided on : February 12, 2009

Ram Parkash
… Petitioner

VERSUS

Arjun Singh and others
… Respondents

CORAM :

HON'BLE MR.JUSTICE A.N.JINDAL


Present:    Mr.A.S.Virk,
            Advocate for the petitioner.

            None for the respondents.

            Mr.Kartar Singh, AAG, Haryana.

                               ***

A.N.JINDAL, J.-

Complainant – Ram Parkash, elder brother of Gopal (deceased)

has filed this revision petition challenging the judgment dated 12.12.2000

passed by Sessions Judge, Karnal, whereby, respondents No.1 to 3 –

accused (herein referred as respondents) were acquitted of the charges

under Sections 302 read with Section 34 of the Indian Penal Code.

Criminal Revision No.1055 of 2001 [2 ]

Precise facts of the case are that on 9.1.1997, ASI Jagdish

Chander, In-charge Police Post Taroari, Police Station Butana went to

General Hospital, Karnal on receipt of a ruqa, and Banarsi was found

present in the Hospital by the side of the dead body of his son Gopal. At

about 10.00 a.m, Banarsi made his statement before ASI Jagdish Chander

that one Prem son of Ram Lal resident of Taroari informed him that his son

Gopal was lying unconscious at General Hospital, Karnal, upon which he

along with other persons reached there. Phool Chand son of Ram

Chander told him that on that very day at 8.30 a.m, he had gone to answer

the call of nature and on his way back, when he reached near the fields of

Banarsi, he saw Atra Balmiki, who told him that Gopal was vomitting.

Banarsi while making a statement before the police on 9.1.1997 did not

suspect anyone as perpetrator of the crime and he thought that his son had

committed suicide. However, ten days thereafter, on the statement of Ram

Parkash (petitioner), who is real elder brother of deceased Gopal, the

present case was registered and the accused were nominated as preparators

of the crime. Challan was presented against them.

On commitment of the case, the accused were charged under

Section 302 read with Section 34 of the Indian Penal Code, to which they

pleaded not guilty and claimed trial. However, the trial resulted in

acquittal of the respondents. No appeal has been filed by the State and this

revision is by complainant – Ram Parkash.

Arguments heard and record perused.

Criminal Revision No.1055 of 2001 [3 ]

Admittedly, civil as well as criminal litigation are pending

between the accused and the complainant parties. On 9.1.1997, i.e, the

day of occurrence, the complainant did not suspect anyone as perpetrator of

the crime, yet after ten days of the occurrence, on the statement of Ram

Parkash, the case was registered against the respondents.

PWs Ram Parkash as well as Siya Ram had accompanied

Banarsi to the Hospital on the day of occurrence. Had they really seen the

occurrence, then they would have immediately come forward straightway

before the Police on that very day to depose against the respondents,

alleging themselves to be eye-witnesses of the occurrence. The police had

met Siya Ram and Ram Parkash on the day of occurrence, when they were

in the Hospital, but they did not disclose at that time, if they had seen the

occurrence. No reason has been assigned as to why they did not nominate

the respondents as accused on that very day, when they had the knowledge

of the same and seen the occurrence. Ram Parkash (petitioner) being the

son of Banarsi and brother of Gopal (deceased) as well as Siya Ram, being

their relatives, could go to any extent to support the cause of the

complainant, but for the reasons, afore-stated, the statement of either of the

aforesaid persons cannot be relied upon, at any cost. The Trial Court after

appreciation of the entire evidence in the right perspective reached to the

right conclusion acquitting the respondents, which does not call for any

interference by this Court.

The law is well-settled that against an order of acquittal,

interference would be called for only when the judgment is palpably
Criminal Revision No.1055 of 2001 [4 ]

perverse and is based on a misreading of the evidence. However, it is

equally settled that where two views are possible, then the one taken by the

Trial Court should not be disturbed.

Resultantly, the revision is dismissed.

February 12, 2009                            ( A.N.JINDAL )
`gian'                                           JUDGE